Division of property among siblings

This query is : Resolved 

05 December 2011

Our family comprises of parents, two brothers, and two sisters. I am the eldest brother. I had purchased land in 1993 with my resources and sale deed is on my name. We have built a house on ground floor on this plot, by pooling money from -

1. Money my father received after his retirement.

2. I have also contributed from my savings.

3. Money received by selling another plot
purchased by Father.

4. Money received from sale of plot owned
by paternal grandfather.

My younger brother has built house on first floor of this house, with his own resources. My father, so far, has not made any will.
How do we divide property among family members to avoid conflict in future.

ajay sethi (Expert)
05 December 2011

there should be equal division of property among the 2 brothers , 2 sisters to avoid conflicts in future .

since your father has contributed lion share of investments it is only fair that property be distributed among all children

Rajeev Kumar (Expert)
05 December 2011

Agree witi expert

M/s. Y-not legal services (Expert)
05 December 2011

just go for amicable settlements with your family members.,

Raj Kumar Makkad (Expert)
05 December 2011

You all need to arrive at a family settlement vide which you both brothers may undertake to contribute all expenses to be incurred in the marriages of your sisters and in return they shall have no share in the house and you both brothers shall be equally owners in possession thereto. This shall be best solution and you need to get this settlement registered either before registrar or before legal services authority.

Dr J C Vashista (Expert)
06 December 2011

Section 3 of Partition Act applies in this case, wherein either of the parties to the partition suit may seek purchase of remaining share of property.
However, the property has been purchased by you, it is self-acquired which cannot be claimed and sought partition by other brother/sisters.

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